The law in force in a particular country is called positive law. Positive law is applied law. In a country, Mer’i is the law that applies. It doesn’t matter if it’s written or not.
Written rules of law established by the competent public authorities, especially the Legislature, are called Subject Law. The law consists of the Constitution, international treaties, Law, Decree Law, Presidential Decree Law, statutes, regulations and other written rules of law. All of these are called legislation. The expression of the law does not cover the written rules of law that have been repealed, nor does it cover the customary and customary law that is part of the positive law but is not written. The difference from positive law is that it is written. An unwritten law is not considered a matter of law. For example, the Turkish Code of obligations, the Code of Criminal Procedure.
Guiding applicable law, expressing how it should be
eden is the law. In other words, it refers not to the law that is applied in a certain place and time, but to the universal law that is supposed to be best suited to social needs, the creation of Man, the nature of goods, justice and Justice. According to the Roman thinker Cicero, natural law cannot be eliminated. Neither the legislature nor society can abolish natural law. You don’t need to be a legal scholar to understand it. Natural law is the same everywhere. Today, the function of natural law is to guide the authorities who set the rules of law.
The difference between positive law and natural law is as follows: positive law refers to the law that is (applicable law), the law that should be natural law Dec.
Objective Law–Subjective Law
The word law is used in Western languages in the sense of authority, which can be defined as any interest that is protected by both law and law and gives the owner the right to benefit. Because of this, in these countries, different adjectives are placed at the beginning of these words to distinguish between law and rights; subjective law is used to express the concept of rights; and the word law is used to express the concept of law. Since the words law and right are used in different meanings in Turkish, it is not necessary to bring objective and subjective adjectives to them.
It is the law that flexes the formal aspects of positive law, aims to correct the consequences that arise as a result of applying the rules of law and are contrary to justice. It is of an exceptional nature and occupies an important place, especially in the discretion granted to the judge.
Material Law-Procedural Law
The rules of law that regulate the merits of social relations, recognize the rights of people and determine their obligations are called Material law. In this sense, the Turkish Commercial Code, the Turkish Criminal Code, the Labor Code, the Turkish Civil Code, the Turkish Code of obligations are examples of material law. Legal ways that show how rights will be obtained and how obligations will be fulfilled constitute procedural law. If you need to embody, the rules that indicate which case will be filed in which court in which court are included in procedural law. Again, the period during which the case will be filed, the rights and obligations of the plaintiff and the defendant are also issues contained in procedural law. The code of Administrative Procedure, the Code of Criminal Procedure, the law of legal procedure are examples of procedural law.
It is a discipline in which positive legal rules are systematically explained by being determined and studied by scientific methods. Classical legal science tries to establish the content of all rules in legislation with customs in force at a certain time and place by classifying and systemizing them in accordance with logic. In legal Science, the following disciplines are examined: legal dogmatics, legal history, legal politics, legal philosophy, legal sociology, Forensic Medicine, forensic psychology.
Dogmatics of law( dogmatic law): a branch of science that systematically studies the rules of law in force in a certain place and at a certain time is called positive legal science or dogmatics of law. When dealing with the dogmatics of law, it derives from the historical meaning of dogma that existing rules of law should be explained according to the word in the text, but not criticized. This is an understanding that was especially valid in Europe during the period when religious law was valid. Because it was accepted that religious law could not be criticized because it was the product of divine will.
History of law: a branch of science that explains the stages that they go through in the process by studying the rules of law from a historical point of view is called the history of law. This discipline allows you to compare the historical foundations and stages of legal rules and institutions at different times. In addition, it allows other countries to examine their institutions on the same subject in terms of location.
Legal Policy: the subject and function of legal policy is to examine positive legal rules from the point of view of community needs and legal Systematics and to make new proposals to fill in the gaps and address the conflicting issues.
Forensic Medicine: it is a branch of science that deals with the application of information related to medical science, especially to problems that fall within the field of criminal law.
Forensic psychology: it is a discipline that allows you to use psychological knowledge in the field of law and in the profession of Justice.
Philosophy of law: the source of law, the concept of law, how the law should be appropriate to justice, such as examining issues and considering the law from a holistic point of view. The philosophy of law attempts to reach a universal idea of law and Justice. This discipline also examines the reason for the ordering of the rules of law.
Sociology of law: abstract law acquires the subject of social events that give rise to its rules. Because the rules of law are very closely related to the structure of society. Sociology of law attempts to decouple causality between the rules of law and social events. In this context, sociology of law explores social-legal events such as marriage, divorce, title Money, suicide by taking into account the causal relationship.